Synopsis: Animal fighting contests. Defines "baiting" to mean: (1)
attacking an animal with violence; (2) provoking an animal; or (3)
harassing an animal with another animal; for the purpose of training the
animal for or causing the animal to engage in an animal fighting
contest. Makes it a Class C felony for a person to do the following: (1)
Breed, transfer, or possess an animal for the purpose of baiting the
animal or using the animal in an animal fighting contest. (2) Promote
or stage a baiting or an animal fighting contest. (3) Allow property to
be used to conduct a baiting or an animal fighting contest. (4) Use an
animal in a baiting or an animal fighting contest. (5) Attend a baiting
or an animal fighting contest. Makes possession of animal fighting
paraphernalia: (1) a Class A misdemeanor if the possession is for the
purpose of baiting an animal or with the intent to commit certain
animal fighting offenses; and (2) a Class C felony if the possession is
with the intent to commit certain animal fighting offenses and while
also possessing a dog, cock, fowl, hog, or bird bearing an injury
consistent with participation in or training for a baiting or an animal
fighting contest. Makes neglect of a dependent a Class C felony instead
of a Class D felony if the offense involves a violation of the law
concerning animal fighting contests. Authorizes the seizure of money
and property that is used by a person to commit certain offenses
relating to animal fighting contests. Specifies that certain offenses

(Continued next page)

Effective: July 1, 2010.

Arnold

January 5, 2010, read first time and referred to Committee on Corrections, Criminal, and
Civil Matters.

Digest Continued

relating to animal fighting contests are considered racketeering activity.
Requires a court to order a person who is convicted of certain offenses
concerning animal fighting to refrain from: (1) owning, harboring, or
training an animal; or (2) residing in a dwelling with another person
who owns, harbors, or trains an animal; for ten years after the person
is sentenced. Repeals a provision that makes attending a fighting
contest involving animals a Class A misdemeanor.

Introduced

Second Regular Session 116th General Assembly (2010)

PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
Constitution) is being amended, the text of the existing provision will appear in this style type,
additions will appear in this style type, and deletions will appear in thisstyletype.
Additions: Whenever a new statutory provision is being enacted (or a new constitutional
provision adopted), the text of the new provision will appear in this style type. Also, the
word NEW will appear in that style type in the introductory clause of each SECTION that adds
a new provision to the Indiana Code or the Indiana Constitution.
Conflict reconciliation: Text in a statute in this style type or thisstyletype reconciles conflicts
between statutes enacted by the 2009 Regular and Special Sessions of the General Assembly.

SENATE BILL No. 5

A BILL FOR AN ACT to amend the Indiana Code concerning
criminal law and procedure.

Be it enacted by the General Assembly of the State of Indiana:

SOURCE: IC 34-24-1-1; (10)IN0005.1.1. -->
SECTION 1. IC 34-24-1-1, AS AMENDED BY P.L.143-2009,
SECTION 44, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2010]: Sec. 1.(a) The following may be seized:
(1) All vehicles (as defined by IC 35-41-1), if they are used or are
intended for use by the person or persons in possession of them to
transport or in any manner to facilitate the transportation of the
following:
(A) A controlled substance for the purpose of committing,
attempting to commit, or conspiring to commit any of the
following:
(i) Dealing in or manufacturing cocaine or a narcotic drug
(IC 35-48-4-1).
(ii) Dealing in methamphetamine (IC 35-48-4-1.1).
(iii) Dealing in a schedule I, II, or III controlled substance
(IC 35-48-4-2).
(iv) Dealing in a schedule IV controlled substance
(IC 35-48-4-3).
(v) Dealing in a schedule V controlled substance
(IC 35-48-4-4).
(vi) Dealing in a counterfeit substance (IC 35-48-4-5).
(vii) Possession of cocaine or a narcotic drug (IC 35-48-4-6).
(viii) Possession of methamphetamine (IC 35-48-4-6.1).
(ix) Dealing in paraphernalia (IC 35-48-4-8.5).
(x) Dealing in marijuana, hash oil, or hashish
(IC 35-48-4-10).
(B) Any stolen (IC 35-43-4-2) or converted property
(IC 35-43-4-3) if the retail or repurchase value of that property
is one hundred dollars ($100) or more.
(C) Any hazardous waste in violation of IC 13-30-10-1.5.
(D) A bomb (as defined in IC 35-41-1-4.3) or weapon of mass
destruction (as defined in IC 35-41-1-29.4) used to commit,
used in an attempt to commit, or used in a conspiracy to
commit an offense under IC 35-47 as part of or in furtherance
of an act of terrorism (as defined by IC 35-41-1-26.5).
(2) All money, negotiable instruments, securities, weapons,
communications devices, or any property used to commit, used in
an attempt to commit, or used in a conspiracy to commit an
offense under IC 35-47 as part of or in furtherance of an act of
terrorism or commonly used as consideration for a violation of
IC 35-48-4 (other than items subject to forfeiture under
IC 16-42-20-5 or IC 16-6-8.5-5.1 before its repeal):
(A) furnished or intended to be furnished by any person in
exchange for an act that is in violation of a criminal statute;
(B) used to facilitate any violation of a criminal statute; or
(C) traceable as proceeds of the violation of a criminal statute.
(3) Any portion of real or personal property purchased with
money that is traceable as a proceed of a violation of a criminal
statute.
(4) A vehicle that is used by a person to:
(A) commit, attempt to commit, or conspire to commit;
(B) facilitate the commission of; or
(C) escape from the commission of;
murder (IC 35-42-1-1), kidnapping (IC 35-42-3-2), criminal
confinement (IC 35-42-3-3), rape (IC 35-42-4-1), child molesting
(IC 35-42-4-3), or child exploitation (IC 35-42-4-4), or an offense
under IC 35-47 as part of or in furtherance of an act of terrorism.
(5) Real property owned by a person who uses it to commit any of
the following as a Class A felony, a Class B felony, or a Class C
felony:
(A) Dealing in or manufacturing cocaine or a narcotic drug
(IC 35-48-4-1).
(B) Dealing in methamphetamine (IC 35-48-4-1.1).
(C) Dealing in a schedule I, II, or III controlled substance
(IC 35-48-4-2).
(D) Dealing in a schedule IV controlled substance
(IC 35-48-4-3).
(E) Dealing in marijuana, hash oil, or hashish (IC 35-48-4-10).
(6) Equipment and recordings used by a person to commit fraud
under IC 35-43-5-4(10).
(7) Recordings sold, rented, transported, or possessed by a person
in violation of IC 24-4-10.
(8) Property (as defined by IC 35-41-1-23) or an enterprise (as
defined by IC 35-45-6-1) that is the object of a corrupt business
influence violation (IC 35-45-6-2).
(9) Unlawful telecommunications devices (as defined in
IC 35-45-13-6) and plans, instructions, or publications used to
commit an offense under IC 35-45-13.
(10) Any equipment, including computer equipment and cellular
telephones, used for or intended for use in preparing,
photographing, recording, videotaping, digitizing, printing,
copying, or disseminating matter in violation of IC 35-42-4.
(11) Destructive devices used, possessed, transported, or sold in
violation of IC 35-47.5.
(12) Tobacco products that are sold in violation of IC 24-3-5,
tobacco products that a person attempts to sell in violation of
IC 24-3-5, and other personal property owned and used by a
person to facilitate a violation of IC 24-3-5.
(13) Property used by a person to commit counterfeiting or
forgery in violation of IC 35-43-5-2.
(14) After December 31, 2005, if a person is convicted of an
offense specified in IC 25-26-14-26(b) or IC 35-43-10, the
following real or personal property:
(A) Property used or intended to be used to commit, facilitate,
or promote the commission of the offense.
(B) Property constituting, derived from, or traceable to the
gross proceeds that the person obtained directly or indirectly
as a result of the offense.
(15) Except as provided in subsection (e), a motor vehicle used by
a person who operates the motor vehicle:
(A) while intoxicated, in violation of IC 9-30-5-1 through
IC 9-30-5-5, if in the previous five (5) years the person has two

(2) or more prior unrelated convictions:
(i) for operating a motor vehicle while intoxicated in
violation of IC 9-30-5-1 through IC 9-30-5-5; or
(ii) for an offense that is substantially similar to IC 9-30-5-1
through IC 9-30-5-5 in another jurisdiction; or
(B) on a highway while the person's driver's license is
suspended in violation of IC 9-24-19-2 through IC 9-24-19-4,
if in the previous five (5) years the person has two (2) or more
prior unrelated convictions:
(i) for operating a motor vehicle while intoxicated in
violation of IC 9-30-5-1 through IC 9-30-5-5; or
(ii) for an offense that is substantially similar to IC 9-30-5-1
through IC 9-30-5-5 in another jurisdiction.
If a court orders the seizure of a motor vehicle under this
subdivision, the court shall transmit an order to the bureau of
motor vehicles recommending that the bureau not permit a motor
vehicle to be registered in the name of the person whose motor
vehicle was seized until the person possesses a current driving
license (as defined in IC 9-13-2-41).
(16) The following real or personal property:
(A) Property used or intended to be used to commit, facilitate,
or promote the commission of an offense specified in
IC 23-14-48-9, IC 30-2-9-7(b), IC 30-2-10-9(b), or
IC 30-2-13-38(f).
(B) Property constituting, derived from, or traceable to the
gross proceeds that a person obtains directly or indirectly as a
result of an offense specified in IC 23-14-48-9, IC 30-2-9-7(b),
IC 30-2-10-9(b), or IC 30-2-13-38(f). (17) All money and any part of real or personal property,
including a vehicle, that is used by a person to:
(A) commit, attempt to commit, or conspire to commit;
(B) facilitate the commission of; or
(C) escape from the commission of;
an offense under IC 35-46-3-8, IC 35-46-3-8.5, IC 35-46-3-9,
or IC 35-46-3-9.5 concerning baiting or animal fighting
contests.
(b) A vehicle used by any person as a common or contract carrier in
the transaction of business as a common or contract carrier is not
subject to seizure under this section, unless it can be proven by a
preponderance of the evidence that the owner of the vehicle knowingly
permitted the vehicle to be used to engage in conduct that subjects it to
seizure under subsection (a).

(c) Equipment under subsection (a)(10) may not be seized unless it
can be proven by a preponderance of the evidence that the owner of the
equipment knowingly permitted the equipment to be used to engage in
conduct that subjects it to seizure under subsection (a)(10).
(d) Money, negotiable instruments, securities, weapons,
communications devices, or any property commonly used as
consideration for a violation of IC 35-48-4 found near or on a person
who is committing, attempting to commit, or conspiring to commit any
of the following offenses shall be admitted into evidence in an action
under this chapter as prima facie evidence that the money, negotiable
instrument, security, or other thing of value is property that has been
used or was to have been used to facilitate the violation of a criminal
statute or is the proceeds of the violation of a criminal statute:
(1) IC 35-48-4-1 (dealing in or manufacturing cocaine or a
narcotic drug).
(2) IC 35-48-4-1.1 (dealing in methamphetamine).
(3) IC 35-48-4-2 (dealing in a schedule I, II, or III controlled
substance).
(4) IC 35-48-4-3 (dealing in a schedule IV controlled substance).
(5) IC 35-48-4-4 (dealing in a schedule V controlled substance)
as a Class B felony.
(6) IC 35-48-4-6 (possession of cocaine or a narcotic drug) as a
Class A felony, Class B felony, or Class C felony.
(7) IC 35-48-4-6.1 (possession of methamphetamine) as a Class
A felony, Class B felony, or Class C felony.
(8) IC 35-48-4-10 (dealing in marijuana, hash oil, or hashish) as
a Class C felony.
(e) A motor vehicle operated by a person who is not:
(1) an owner of the motor vehicle; or
(2) the spouse of the person who owns the motor vehicle;
is not subject to seizure under subsection (a)(15) unless it can be
proven by a preponderance of the evidence that the owner of the
vehicle knowingly permitted the vehicle to be used to engage in
conduct that subjects it to seizure under subsection (a)(15).

SOURCE: IC 35-46-1-4; (10)IN0005.1.3. -->
SECTION 3. IC 35-46-1-4, AS AMENDED BY P.L.109-2007,
SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2010]: Sec. 4. (a) A person having the care of a dependent,
whether assumed voluntarily or because of a legal obligation, who
knowingly or intentionally:
(1) places the dependent in a situation that endangers the
dependent's life or health;
(2) abandons or cruelly confines the dependent;
(3) deprives the dependent of necessary support; or
(4) deprives the dependent of education as required by law;
commits neglect of a dependent, a Class D felony.
(b) However, the offense is:
(1) a Class C felony if it is committed under subsection (a)(1),
(a)(2), or (a)(3) and:
(A) results in bodily injury; or
(B) is:
(i) committed in a location where a person is violating
IC 35-48-4-1 or IC 35-48-4-1.1 (delivery, financing, or
manufacture of cocaine, methamphetamine, or a narcotic

drug); or
(ii) the result of a violation of IC 35-48-4-1 or
IC 35-48-4-1.1 (delivery, financing, or manufacture of
cocaine, methamphetamine, or a narcotic drug); or
(C) is: (i) committed in a location where a person is violating
IC 35-46-3-9 concerning baiting or animal fighting
contests; or
(ii) the result of a violation of IC 35-46-3-9 concerning
baiting or animal fighting contests;
(2) a Class B felony if it is committed under subsection (a)(1),
(a)(2), or (a)(3) and results in serious bodily injury;
(3) a Class A felony if it is committed under subsection (a)(1),
(a)(2), or (a)(3) by a person at least eighteen (18) years of age and
results in the death of a dependent who is less than fourteen (14)
years of age; and
(4) a Class C felony if it is committed under subsection (a)(2) and
consists of cruel confinement or abandonment that:
(A) deprives a dependent of necessary food, water, or sanitary
facilities;
(B) consists of confinement in an area not intended for human
habitation; or
(C) involves the unlawful use of handcuffs, a rope, a cord,
tape, or a similar device to physically restrain a dependent.
(c) It is a defense to a prosecution based on an alleged act under this
section that:
(1) the accused person left a dependent child who was, at the time
the alleged act occurred, not more than thirty (30) days of age
with an emergency medical provider who took custody of the
child under IC 31-34-2.5 when:
(A) the prosecution is based solely on the alleged act of
leaving the child with the emergency medical services
provider; and
(B) the alleged act did not result in bodily injury or serious
bodily injury to the child; or
(2) the accused person, in the legitimate practice of the accused
person's religious belief, provided treatment by spiritual means
through prayer, in lieu of medical care, to the accused person's
dependent.
(d) Except for property transferred or received:
(1) under a court order made in connection with a proceeding
under IC 31-15, IC 31-16, IC 31-17, or IC 31-35 (or IC 31-1-11.5

or IC 31-6-5 before their repeal); or
(2) under IC35-46-1-9(b); section 9(b) of this chapter;
a person who transfers or receives any property in consideration for the
termination of the care, custody, or control of a person's dependent
child commits child selling, a Class D felony.

SOURCE: IC 35-46-3-4.4; (10)IN0005.1.5. -->
SECTION 5. IC 35-46-3-4.4 IS ADDED TO THE INDIANA CODE
AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2010]: Sec. 4.4. As used in this chapter, "baiting" means:
(1) attacking an animal with violence;
(2) provoking an animal; or
(3) harassing an animal with another animal;
for the purpose of training the animal for or causing the animal to
engage in an animal fighting contest.

SOURCE: IC 35-46-3-8; (10)IN0005.1.6. -->
SECTION 6. IC 35-46-3-8, AS AMENDED BY P.L.171-2007,
SECTION 9, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2010]: Sec. 8. A person who knowingly or intentionally
breeds, sells or otherwise transfers, purchases, transports, or
possesses an animal for the purpose of: (1) baiting the animal; or
(2) using the animal in an animal fighting contest;
commits a ClassD Class C felony.

SOURCE: IC 35-46-3-8.5; (10)IN0005.1.7. -->
SECTION 7. IC 35-46-3-8.5 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2010]: Sec. 8.5. A person who
knowingly or intentionally possesses animal fighting paraphernalia: (1) for the purpose of baiting an animal; or
(2) with the intent to commit a violation of IC35-46-3-9 section
9 of this chapter;
commits possession of animal fighting paraphernalia, aClassBmisdemeanor.However,theoffenseis a Class A misdemeanor. ifthepersonhasapriorunrelatedconvictionunderthissection.

SOURCE: IC 35-46-3-9; (10)IN0005.1.8. -->
SECTION 8. IC 35-46-3-9 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2010]: Sec. 9. A person who
knowingly or intentionally:
(1) promotes, advertises, charges an admission fee for, or stages
a baiting or an animal fighting contest; (2) allows property owned or under the control of the person

to be used to conduct a baiting or an animal fighting contest;(2) (3) uses an animal in a baiting or an animal fighting contest;or(3) (4) attends a baiting or an animal fighting contest; havingananimalintheperson'spossession;
commits a ClassD Class C felony.

SOURCE: IC 35-46-3-9.5; (10)IN0005.1.9. -->
SECTION 9. IC 35-46-3-9.5 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2010]: Sec. 9.5. A person who
knowingly or intentionally:
(1) possesses animal fighting paraphernalia with the intent to
commit a violation of IC35-46-3-9; section 9 of this chapter;
and
(2) possesses, harbors, or trains a dog, cock, fowl, hog, or bird
bearing:
(A) a scar;
(B) a wound; or
(C) an injury;
consistent with participation in or training for a baiting or an
animal fighting contest;
commits promotingananimalfightingcontest, a ClassD Class C
felony.

SOURCE: IC 35-46-3-16; (10)IN0005.1.10. -->
SECTION 10. IC 35-46-3-16 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2010]: Sec. 16. Notwithstanding
IC 35-38-2-2.3(a)(21), in addition to any other penalty imposed for
an offense under this chapter, a court shall order a person who is
convicted of committing an offense under section 8, 8.5, 9, or 9.5 of
this chapter to refrain from:
(1) owning, harboring, or training an animal; and
(2) residing in a dwelling with another person who owns,
harbors, or trains an animal;
for ten (10) years after the date the person is sentenced for
committing the offense.